Part 4Judicial appointments and discipline
C2 Chapter 3Discipline
Applications for review and references
C1111Review by the Ombudsman
1
Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must—
a
on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established;
b
decide what if any action to take under subsections (2) to (7).
2
If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.
3
A recommendation under subsection (2) may be for the payment of compensation.
4
Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.
5
If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.
6
If a determination is set aside under subsection (5)—
a
the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and
b
for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded.
7
Subsection (6) is subject to any direction given by the Ombudsman under this subsection—
a
for a previous investigation or review to be taken into account to any extent, or
b
for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.
8
This section is subject to section 112.
Pt. 4 Ch. 3 applied (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(a), Sch. 3 para. 14 (with s. 180); S.I. 2013/1869, art. 2(j)